Legal Opinion

Continental Insurance v. Clark & Cressler

Supreme Court of Iowa

Decided July 13, 1904PublishedCited by 10 opinions

Appeal from Green District Court.— HoN. Z. A. Chubch, Judge. ActioN at law to recover the amount paid by plaintiffs on a policy of insurance issued by the defendants as its agents, on the ground that defendants issued the policy without. authority, and willfully and fraudulently failed to follow their instructions. Trial to a jury. Directed verdict for defendants, and plaintiff appeals.—

1Opinion of the Court

Deemer, C. J.—

In the year 1898 defendants Clark & Cressler were appointed agents of plaintiff fire insurance company for the town of Scranton, in Green county, with authority to issue policies. They were required to make daily reports of all policies issued, or, in case they could not be sent out on the very day, were required to send a short letter giving the principal particulars of the- risk. On August 6, 1900, they isstied a policy of insurance in the plaintiff company to Lower Bros, for the sum of $1,000, covering a stock of hardware and implements in a frame building at Scranton, at the…

2Cases cited11 opinions

  1. Smith v. BrokerSupreme Court of Iowa · 1892
  2. Ruter v. FoySupreme Court of Iowa · 1877
  3. Jones v. WhiteIndiana Supreme Court · 1883
  4. Harvey v. Turner & Co.Supreme Court of Pennsylvania · 1833
  5. Kraber v. Union InsuranceSupreme Court of Pennsylvania · 1889

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3Cited by10 opinions

  1. Pac. Vinegar & Pickle Works v. SmithCalifornia Supreme Court · 1907
  2. Insurance Co. of North America v. BaerSupreme Court of Kansas · 1915
  3. First National Bank v. MessnerNorth Dakota Supreme Court · 1913
  4. Hawkeye Casualty Co. v. FrisbeeMichigan Supreme Court · 1947
  5. Phoenix Insurance v. SeegersSupreme Court of Alabama · 1915

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